Powell-Cerkoney v. TCR-Montana Ranch Joint Venture

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that a horizontal appeal occurs when a second trial judge is asked to reconsider the decision of another trial judge in the same matter, under no new circumstances and where no other reason warrants reconsideration
• noting superior court has substantial discretion to reconsider an earlier decision and “must not afford this procedural doctrine undue emphasis.”
• “[L]egal conclusions reached at the preliminary injunction phase of litigation do not constitute law of the case.”
• “[W]e will not apply law of the case if the prior decision did not actually decide the issue in question.”
• “[W]e will not apply law of the case if the prior decision did not actually decide the issue in question.”
• law of the case doctrine does not apply “if the prior decision did not actually decide the issue in question”

Source: CourtListener parenthetical corpus (CC0).